Local Government Board's Provisional Order Confirmation (No.13) Act 1891

Publication Date:January 01, 1891
 
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Local Government Boards Provisional Order Confirmation (No.13) Act 1891

(54 & 55 Vict.) c. clxi

An Act to confirm a Provisional Order of the Local Government Board relating to the City of Birmingham.

[28th July 1891]

[54 & 55 Vict.] Local Government Board's Provisional [Oh. Clxi.j Order Confirmation (No. 13) Aet, 1891. / CHAPTER clxi. An Act to confirm a Provisional Order of the Local a.d. i89i. Government Board relating to the City of Birmingham. [28th July 1891.j W HEREAS the Local Government Board have made the Provisional Order set forth in the' schedule hereto, under the provisions of the Local Government Act, 1888 : And whereas it is requisite that the said Order should be 51 & 52 Vict. confirmed by Parliament and that the provisions herein-after contained should be enacted with reference thereto: Bo it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : The Order as amended and set out in the schedule hereto shall Order in be and the same is hereby confirmed, and all the provisions thereof confirmed. shall have full validity and force. The following provisions shall apply to the City School Board, Apportion-the Aston School Board, the King's Norton School Board, and the SSiVthS" Harborne School Board as defined in the Order hereby confirmed school (the three last-mentioned school boards being referred to in this board8, section as the three school boards) : (1.) The loans raised by each of the three school boards and remaining unpaid on the ninth day of November one thousand eight hundred and ninety-one, and the interest accruing thereon shall be apportioned between the City School Board and each of the three school boards respectively in the same proportions as the rateable value of the portion of the added area taken from each school board district bears to'the rateable value of the whole of such school board district. (2.) So much of the loans as shall be apportioned to the City School Board and the interest accruing thereon shall be charged [Price Is. 6d.~] A 1 [Ch. ClxL] Local Government Board's Provisional [54 & 55 Vict.] Order Confirmation (No. 13) Act, 1891. A.D. 1891. on the school fund, and the local rate for the time being chargeable with the expenses of the City School Board, and all such sums shall be repaid (or provision made for their repayment) by the City School Board within the respective periods, if any, for which the loans were originally sanctioned. (3.) Any doubt or difference arising under the foregoing provisions of this section shall, on the application of any of the school boards .interested, stand referred to and be determined by the Education Department, who are hereby empowered to make such Orders as they may deem expedient for effecting the objects of this section. (4.) As regards the annual charge for maintenance of the existing schools in the parts of the districts of the Aston and Harborne school boards not added to the City, the City School Board shall contribute such an amount (if any) annually as may be agreed upon between them and the said two school boards respectively, or in default of agreement as may be determined by the Education Department. Short, title.1 3. This Act may be cited as the Local Government Board's Provisional Order Confirmation (No. 13) Act, 1891. 2 [54 & 55 Vict.] Local Government Board's Provisional [Ch. clxi.] Order Confirmation (No. 13) Act, 1891. S CHEDUL E. a.d. i89i. ~~^'" Birmingham Order. CITY OF BIRMINGHAM. Provisional Order made in pursuance of Sections 54 and 59 of the Local Government Act, 1888. To the Mayor, Aldermen, and Citizens of the City of Birmingham; To the Justices of the Peace for the said City ; To the School Board for the said City ; To the Justices of the Peace for the County of Stafford, in Quarter Sessions assembled ; To the Justices of the Peace for the County of Warwick, in Quarter Sessions assembled; To the Justices of the Peace for the County of Worcester, in Quarter Sessions assembled; To the County Council of Stafford ; To the County Council of Warwick ; To the County Council of Worcester ; To the Guardians of the Poor of the Aston Union, in the City of Birmingham and the County of Warwick, being the Rural Authority for the Rural District of that Union ; To the Balsall Heath Local Board, being the Sanitary Authority for the . . . Urban District of Balsall Heath, in the County of Worcester ; . To the Harborne Local Board, being the Sanitary Authority for the Urban District of Harborne, in the County of Stafford; To the Saltley Local Board, being the Sanitary Authority for the Urban District of Saltley, in the County of Warwick; To the School Board for the extra-municipal portion of the Parish of Aston, in the Couijty of Warwick ; To the School Board for the Parish of Harborne and Smethwick, in the County of Stafford ; To the School Board for the Parish of Kings Norton, in the County of Worcester ; To the Surveyors of Highways of the Hamlet of Little Brornwich, in the County of Warwick ; To the Overseers of the Poor of the several Parishes of Aston, Edgbaston, Harborne and Smethwick, and Kings Norton ; And to all others whom it may concern. WHEREAS by Section 54 of the Local Government Act, 1888 (which Act 81 *? 5i Viot-is herein-after referred to as " the Act")) the Local Government Board are empowered to make a Provisional Order for altering the boundary of any Borough ; A 2 +- 3 [Oh. Clxi.] Local Government Board's Provisional [54 & 55 ViqT.] Order Confirmation (No. 13) Ad, 1891. A.D. 1891. -Ana" whereas the City of Birmingham, which is herein-after referred to as " the ..,. r-r- existing City," and the area whereof is coloured pink on the two maps (herein-after JnrOrd£am referred to as "the city maPs") each marked "Map of the City of Birmingham, ' _" as extended, 1891," and sealed with the official seal of the Local Government Board, is a Borough within the meaning of the Act, and the inhabitants of the City are a body corporate, by the name of the Mayor, Aldermen, and Citizens of the City of Birmingham, and act by the Council of the City, which now consists of the Mayor (who is also an Alderman), fifteen other Aldermen, and forty-eight Councillors; And whereas the existing City is an Ui ban District, of which the Mayor, Aldermen, and Citizens, acting by the Council, are the Urban Authority ; And whereas the existing City has a separate court of quarter sessions, commission of the peace, police force, and coroner, and is, for the purposes of the election of town councillors, divided into sixteen wards, three of which are termed Bordesley Ward, Edgbaston Ward, and Saint Martin's Ward, and three Councillors are assigned to each of the said sixteen wards; And whereas the existing City is a County Borough, and is for the purposes of the Act deemed to be situate in the County of Warwick ; And whereas the unrepealed provisions of the Local Acts mentioned in the Schedule to this Order (herein-after referred to as " the scheduled Local Acts "), and of the Confirmation Acts mentioned in the said Schedule, so far as those Acts relate to the Provisional Orders mentioned in that Schedule, are in force in the existing City; And whereas the Council of the existing City are, under the Burial Acts, 1852 to 1871, the Burial Board for the existing City ; 46 & 47|Vict. And vvhereas by Section 298 of the Birmingham Corporation (Consolidation) c. lxx. Act, 1883 (being one of the scheduled Local Acts, and herein-after referred to as ''the Act of 1883 "), it was enacted that, so far as any borough or other rate made by the Overseers of any Parish or part of a Parish within the existing City under any order made by the Corporation might be increased for the purposes therein referred to, anything in that Act to the contrary notwithstanding, the occupiers of any land covered with water, or used only as a canal or towing-path for the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance, should be assessed in respect of the same in the proportion of one-fourth part only of the net annual value thereof; And whereas the Public Libraries Acts, 1855 to 1890 (subject to the alteration made therein by Section 87 of the Act of 1883), are in force in the existing City ; And whereas the Corporation of the existing City have adopted 52 Sc 53 Vict. (a.) The Infectious Disease (Notification) Act, 1889 ; d 72 safe 54 Vict. (b.) The Infectious Disease (Prevention) Act, 1890; 5*3 &54 Vict. (&) The Public Health Acts Amendment Act, 1890 ; and 535& 54 Vict. 0*0 Part Iir- of the Housing of the Working Classes Act, 1890 ; 70, and the provisions of those Acts are accordingly in force in the existing City. 4 [54 & 55 Vict.] Local'Government Board's Provisional [Gh.. Clxi.] Order Confirmation {No. 13) Act, 1891. A.D. 1891. And whereas by a Local Act passed in the forty-ninth year of the reigu of His Birmingham late Majesty, King George the Third, chapter eighty-one (herein-after referred r er' as "the Act of 1809 "), provision was made for the raising of money to defray 49 Geo.ill. the expenses of erecting a prison and public offices in the Town of Birmingham, c-,XXX1-in the County of Warwick ; And whereas by an Act passed in the ninth and tenth years of the reign of 9 & 10 Vict. Her present Majesty, chapter two hundred and twenty-five (herein-after referred c"ccxxv to as "the Act of 1846 "), provision was made for better assessing and collecting the poor rates, highway rates, borough rates, county rates, lighting, watching, and cleansing rates, and all other parochial rates, on small tenements in the Parish of Aston, in the County of Warwick; And whereas by an Act passed in the tenth and eleventh years of the reign of 10 & 11 yiot. Her present Majesty, chapter sixty-six (herein-after referred to as " the Act c-lxvi-of 1847"), provision...

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